Pandolfi v. Herboltzheimer

Appellate Division of the Supreme Court of New York

Pandolfi v. Herboltzheimer

41 A.D.2d 658, 340 N.Y.S.2d 873, 1973 N.Y. App. Div. LEXIS 5162

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 13, 1973

StatusPublished

This text of 41 A.D.2d 658 (Pandolfi v. Herboltzheimer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pandolfi v. Herboltzheimer, 41 A.D.2d 658, 340 N.Y.S.2d 873, 1973 N.Y. App. Div. LEXIS 5162 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant Ell appeals from an order of the Supreme Court, Queens County, dated October 30, . 1972, which denied her motion for the issuance of a commission to take the oral, depositions of three eyewitnesses in the State of Florida. Order reversed, with $20 costs and disbursements to appellant against plaintiffs, motion granted' and matter remitted to Special Term for implementation of this determination. In our opinion, the motion should have been granted as a matter of discretion in the interests of justice. Latham, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant Ell appeals from an order of the Supreme Court, Queens County, dated October 30, . 1972, which denied her motion for the issuance of a commission to take the oral, depositions of three eyewitnesses in the State of Florida. Order reversed, with $20 costs and disbursements to appellant against plaintiffs, motion granted' and matter remitted to Special Term for implementation of this determination. In our opinion, the motion should have been granted as a matter of discretion in the interests of justice. Latham, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 658, 340 N.Y.S.2d 873, 1973 N.Y. App. Div. LEXIS 5162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pandolfi-v-herboltzheimer-nyappdiv-1973.